Joint Circular No. 92/2008/TTLT-BTC-BTP guiding the level of collection, payment procedures, management, and use of fees for issuing copies and certification fees

JOINT CIRCULAR

Guidelines on the level of collection, collection regime, payment, management

and use of fees for issuing copies and certification fees

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Pursuant to Decree No. 79/2007/NĐ-CP dated May 18, 2007 of the Government on issuing copies from original registers, certifying copies from originals, and certifying signatures;

Pursuant to Decree No. 57/2002/NĐ-CP dated June 3, 2002 and Decree No. 24/2006/NĐ-CP dated March 6, 2006 amending and supplementing certain articles of Decree No. 57/2002/NĐ-CP dated June 3, 2002 of the Government detailing the implementation of the Ordinance on Fees and Charges;

The Ministry of Finance and the Ministry of Justice provide guidelines on the level of collection, collection regime, payment, management, and use of fees for issuing copies and certification fees as follows:

I. SCOPE OF APPLICATION

1. Fees for issuing copies and certification fees apply to the issuance of copies from original registers, certification of copies from originals, and certification of signatures as stipulated in Decree No. 79/2007/NĐ-CP dated May 18, 2007 of the Government on issuing copies from original registers, certifying copies from originals, and certifying signatures.

2. The payers of the fees are Vietnamese individuals or organizations, or foreign individuals or organizations requesting the issuance of copies from original registers, certification of copies from originals, and certification of signatures.

3. The agencies and organizations authorized to collect fees for issuing copies and certification fees are agencies and organizations with authority to issue copies from original registers, District Justice Offices, Ward People's Councils, Commune People's Councils, and Town People's Councils.

II. LEVEL OF COLLECTION, COLLECTION REGIME, PAYMENT, MANAGEMENT AND USE OF FEES FOR ISSUING COPIES AND CERTIFICATION FEES

1. Level of Collection The level of collection for fees for issuing copies and certification fees is as follows:

a) Issuing copies from original registers: not exceeding 3,000 VND per copy;

b) Certifying copies from originals: not exceeding 2,000 VND per page; from the third page onwards, each page shall be charged not more than 1,000 VND per page, with a maximum charge of not more than 100,000 VND per copy;

c) Certifying signatures: not exceeding 10,000 VND per case. The Provincial People's Councils or Municipal People's Councils directly under the Central Government shall decide on the level of collection for fees for issuing copies and certification fees in accordance with the actual situation of each locality, but the maximum shall not exceed the levels specified in points a), b), and c) of this clause.

2. Collection Regime, Payment, Management and Use of Fees for Issuing Copies and Certification Fees

a) Organizations and individuals requesting the issuance of copies from original registers, certification of copies from originals, and certification of signatures must pay the fees for issuing copies and certification fees. When collecting fees, the fee-collecting agency must issue and provide a receipt for the payer according to the current regulations of the Ministry of Finance regarding the issuance, management, and use of tax stamps.

b) Fees for issuing copies and certification fees are revenue items belonging to the State budget. The agency responsible for collecting fees must promptly remit the collected fees to the State budget. In cases of delegated collection, the Provincial People's Councils or Municipal People's Councils directly under the Central Government shall decide on the percentage of the collected fees to be retained by the delegated entity to cover costs related to the collection of fees according to the prescribed regime.

III. IMPLEMENTATION

1. This Circular takes effect 15 days after its publication in the Official Gazette. This Circular replaces the guidance on certification fees for copies and signatures in Joint Circular No. 93/2001/TTLT-BTC-BTP dated November 21, 2001 of the Ministry of Finance and the Ministry of Justice guiding the collection, payment, and management and use of fees and charges for notarization and certification.

2. Other contents related to the collection, payment, management, and use of fees for issuing copies and certification fees not covered in this Circular shall be implemented according to the guidance provided in Circular No. 97/2006/TT-BTC dated October 16, 2006 of the Ministry of Finance guiding fees and charges within the jurisdiction of the Provincial People's Councils or Municipal People's Councils directly under the Central Government; Circular No. 63/2002/TT-BTC dated July 24, 2002 and Circular No. 45/2006/TT-BTC dated May 25, 2006 amending and supplementing Circular No. 63/2002/TT-BTC dated July 24, 2002 of the Ministry of Finance guiding the implementation of laws on fees and charges.

3. During the process of implementation, if there are any difficulties, organizations and individuals are requested to promptly report them to the Ministry of Finance and the Ministry of Justice for consideration and supplementary guidance.